My father died recently at 80yrs with no will. He owns a house (paid off), property, several paid off vehicles, has little to no debt and etc. He left me a POD bank account and named me as the only beneficiary on his life insurance policy ( it was his wife but he changed it over 20 years ago). They are legally married but haven't lived together since 1988. His wife (my mother) has dementia and Alzheimer disease and is unable to drive because she cant remember how to get home or where she is going, is a danger to herself sometimes (caused a fire), unable to care for herself on the daily basis, unable to handle money from her SSI ( I have to pay her bills for her and take care of her daily needs financially and health wise).
She may need to placed into a facility she refuses to take meds or have nurse assist daily. I was going to start the process of getting power of attorney over my mother before he died. I am the only child with no siblings and my father's parents and siblings are all deceased. In probate court, Will assets automatically go to his spouse even if she is unable to care for herself and handle money or will it go to me the only surviving adult child ?
Sorry for your Dad's passing. I have attachéd a link that explains the intestacy process in SC. Intestacy laws of SC will determine how your Dad's assets are to be distributed when there is no Will. Unfortunately since your Mom lacks mental capacity you may not be able to obtain her DPOA and you may need to retain local counsel to obtain a guardianship over her to manage her personal and financial matters.
You will most likely need to retain counsel to assist you in a guardianship estate. AVVO I am sure has a good list of attys in SC or wherever your mom lives that can handle the matters.
Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less
The intestacy laws of SC control this process. See Avvo.com under 'Find-A-Lawyer'. Then enter 'Elder Law' and the City & State that applies. Good to you.
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